A couple having sex in a car parked in an isolated part of a neighborhood in Lagos State were recently harassed by a mob who posted their pictures on social media.
The incident sparked debates over the legality of car sex in the country, leading a Twitter user to ask the Head of the Nigeria Police Force’s Public Complaint Rapid Response Unit, ACP Yomi Shogunle, for clarification.
In response, ACP Shogunle said having sex in the car is not a crime unless the car is parked on the premises of a place of worship, or the sex is not between consenting adults or between people of the same sex.
However, according to the spokesperson of the Lagos Command, Shogunle’s statement was misplaced as he noted that the state has laws criminalising sex of any kind in public places.
While disclosing that the state’s Commissioner of Police, Edgal Imohimi, has received legal advice on the subject, Oti said indecent act in a public place makes both parties engaging in the act liable to imprisonment for two years.
He further noted that there’s a federal law applicable in every Nigerian state that criminalises indecent acts.
He said, “The CP Lagos has been advised by the Director of Public Prosecution of the state Ministry of Justice and the Legal Department of the State Police Command, Panti, Yaba, with relevant sections of the law as follows: Section 134 (a) Criminal Law of Lagos State 2015 prohibits any indecent act in any public place without lawful excuse.
“The law holds that such person is liable on conviction to two years’ imprisonment. Section 136 of the Criminal Law of Lagos State, 2015 provides that any person who commits any act of gross indecency with another person in public commits an offence and liable on conviction to three years’ imprisonment.
“It must be noted that Section 134 which deals with offences against morality, particularly section 134 (a), has it that indecent act in a public place makes both parties engaging in the act liable to imprisonment for two years.
“In the same vein, Section 231 of the Criminal Code Act, which is a Federal law and applicable in states other than the northern states where Penal Code is applicable, also make Indecent Acts punishable.”
Imohimi dismissed Shogunle’s assertion and warned that Lagosians should be guided by relevant sections of the law against such acts